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H.R. 4481 (rfs) - To amend Public Law 86-434 establishing Wilson's Creek National Battlefield in the State of Missouri t

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H.R. 4481 (rfs) - To amend Public Law 86-434 establishing Wilson's Creek National Battlefield in the State of Missouri t Powered By Docstoc
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108TH CONGRESS 2D SESSION

H. R. 4481

IN THE SENATE OF THE UNITED STATES
SEPTEMBER 14, 2004 Received; read twice and referred to the Committee on Energy and Natural Resources

AN ACT
To amend Public Law 86–434 establishing Wilson’s Creek National Battlefield in the State of Missouri to expand the boundaries of the park, and for other purposes. 1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

2 1 2
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Wilson’s Creek Na-

3 tional Battlefield Boundary Adjustment Act of 2004’’. 4 5 6
SEC. 2. EXPANSION OF BOUNDARIES, WILSON’S CREEK NATIONAL BATTLEFIELD, MISSOURI.

(a) BOUNDARY EXPANSION; PRIVATE PROPERTY

7 PROTECTIONS.—The first section of Public Law 86–434 8 (16 U.S.C. 430kk) is amended— 9 10 11 12 13 (1) by striking ‘‘That the Secretary’’ and inserting the following:
‘‘SECTION 1. WILSON’S CREEK NATIONAL BATTLEFIELD: ESTABLISHMENT AND ACQUISITION OF LANDS.

‘‘(a) ESTABLISHMENT, INITIAL BOUNDARIES.—The

14 Secretary’’; and 15 16 17 (2) by adding at the end the following new subsections: ‘‘(b) EXPANSION
OF

BOUNDARIES.—(1) The bound-

18 aries of the Wilson’s Creek National Battlefield are revised 19 to include lands and interests therein consisting of six par20 cels totaling 615 acres and identified as parcels ‘1, 2, 3, 21 4, 5, and 6’ on the map entitled ‘Wilson’s Creek National 22 Battlefield Proposed Boundary’, numbered 410/80,037 23 and dated January 27, 2004. The map shall be on file 24 and available for public inspection in the appropriate of25 fices of the National Park Service.

HR 4481 RFS

3 1 ‘‘(2) The Secretary is authorized to acquire the lands

2 referred to in paragraph (1) by donation, by purchase 3 from willing sellers with donated or appropriated funds, 4 or by exchange. The Secretary may acquire by the same 5 methods personal property associated with, and appro6 priate for, interpretation of the park. 7 ‘‘(c) ACCESS
TO

PRIVATE PROPERTY.—Nothing in

8 this Act shall be construed to— 9 10 11 12 13 14 15 ‘‘(1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or ‘‘(2) modify any provision of Federal, State, or local law with regard to public access to or use of private property. ‘‘(d) LIABILITY.—The revision of the boundaries of

16 the Wilson’s Creek National Battlefield by subsection (b) 17 shall not be considered to create any liability for, or to 18 have any effect on any liability under any other law of, 19 any owner of private property with respect to any person 20 injured on that private property. 21 ‘‘(e) RECOGNITION
OF

AUTHORITY

TO

CONTROL

22 LAND USE.—Nothing in this Act shall be construed to 23 modify the authority of Federal, State, or local govern24 ments to regulate land use.

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4 1 2 ‘‘(f) PARTICIPATION
ERS.—Nothing OF

PRIVATE PROPERTY OWN-

in this Act shall be construed to require

3 the owner of any private property located within the 4 boundaries of the Wilson’s Creek National Battlefield to 5 participate in, or be associated with, the National Battle6 field. 7 ‘‘(g) EFFECT
OF

EXPANSION.—The boundaries of

8 the Wilson’s Creek National Battlefield, as revised by sub9 section (b), represent the area within which Federal funds 10 appropriated for the purpose of this Act may be expended. 11 The boundary revision shall not be construed to provide 12 any nonexisting regulatory authority on land use within 13 the National Battlefield or its viewshed by the Secretary 14 or the National Park Service.’’. 15 (b) AUTHORIZATION
OF

APPROPRIATIONS.—Section

16 3 of such Act (16 U.S.C. 430mm) is amended by adding 17 at the end the following new sentence: ‘‘There are author18 ized to be appropriated such sums as may be necessary 19 to carry out section 1(b).’’. Passed the House of Representatives September 13, 2004. Attest: JEFF TRANDAHL, Clerk.

HR 4481 RFS


				
DOCUMENT INFO
Description: 108th Congress H.R. 4481 (rfs): To amend Public Law 86-434 establishing Wilson's Creek National Battlefield in the State of Missouri to expand the boundaries of the park, and for other purposes. [Referred in Senate] 2003-2004